HB 1236 — An Act amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of assault of law enforcement officer; and making editorial changes.

PRINTER'S NO.     1387

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1236
                                                 Session of
                                                   2025

     INTRODUCED BY PIELLI, SHUSTERMAN, VENKAT, HILL-EVANS, SANCHEZ,
        FREEMAN, NEILSON, GIRAL, PROBST, DOUGHERTY, D. WILLIAMS,
        TAKAC, KENYATTA, GREEN, SCOTT, INGLIS, CURRY AND K.HARRIS,
        APRIL 17, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 2025


                                        AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game)
 2      and 42 (Judiciary and Judicial Procedure) of the Pennsylvania
 3      Consolidated Statutes, in assault, further providing for the
 4      offense of assault of law enforcement officer; and making
 5      editorial changes.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.      Section 2702.1 heading, (a) and (c) of Title 18
 9   of the Pennsylvania Consolidated Statutes are amended to read:
10   § 2702.1.      Assault of law enforcement officer or hospital
11                  security officer.
12      (a)   Assault of a law enforcement officer or hospital
13   security officer.--
14            (1)    A person commits a felony of the first degree who
15      attempts to cause or intentionally or knowingly causes bodily
16      injury to a law enforcement officer or hospital security
17      officer, while in the performance of duty and with knowledge
18      that the victim is a law enforcement officer or hospital
 1      security officer, by discharging a firearm.
 2            (2)   Except as provided under sections 2703 (relating to
 3      assault by prisoner), 2703.1 (relating to aggravated
 4      harassment by prisoner) and 2704 (relating to assault by life
 5      prisoner), a person is guilty of a felony of the third degree
 6      if the person intentionally or knowingly causes or attempts
 7      to cause a law enforcement officer or hospital security
 8      officer, while in the performance of duty and with knowledge
 9      that the victim is a law enforcement officer or hospital
10      security officer, to come into contact with blood, seminal
11      fluid, saliva, urine or feces by throwing, tossing, spitting
12      or expelling the fluid or material.
13            (3)   A person who commits an offense under paragraph (2)
14      shall be guilty of a felony of the second degree if:
15                  (i)    the person knew, had reason to know, should have
16            known or believed the fluid or material to have been
17            obtained from an individual, including the person charged
18            under this section, infected by a communicable disease
19            declared reportable by regulation authorized by the act
20            of April 23, 1956 (1955 P.L.1510, No.500), known as the
21            Disease Prevention and Control Law of 1955; and
22                  (ii)   the communicable disease referenced in
23            subparagraph (i) is communicable to the law enforcement
24            officer or hospital security officer by the method used
25            or attempted to be used to cause the law enforcement
26            officer or hospital security officer to come into contact
27            with the blood, seminal fluid, saliva, urine or feces.
28      * * *
29      (c)   Definitions.--As used in this section, the following
30   words and phrases shall have the meanings given to them in this

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 1   subsection:
 2      "Hospital security officer."      An employee of a hospital
 3   charged with maintaining the safety and security of the property
 4   of the hospital and the individuals on the property.
 5      "Law enforcement officer."     The term shall have the same
 6   meaning as the term "peace officer" is given under section 501
 7   (relating to definitions).
 8      "Firearm."     As defined under 42 Pa.C.S. § 9712(e) (relating
 9   to sentences for offenses committed with firearms).
10      Section 2.     Section 904(b) of Title 30 is amended to read:
11   § 904.    Interference with officers.
12      * * *
13      (b)     Assaulting an officer.--A violation of 18 Pa.C.S. §§
14   2702 (relating to aggravated assault), that involves a person
15   listed under 18 Pa.C.S. § 2702(c)(38), and 2702.1 (relating to
16   assault of law enforcement officer or hospital security officer)
17   is an offense under this title, and the penalties set forth in
18   18 Pa.C.S. §§ 2702 and 2702.1 shall apply.
19      * * *
20      Section 3.     Section 905.1 of Title 34 is amended to read:
21   § 905.1.    Assaulting an officer.
22      A violation of 18 Pa.C.S. § 2702 (relating to aggravated
23   assault), that involves a person listed under 18 Pa.C.S. §§
24   2702(c)(37), and 2702.1 (relating to assault of law enforcement
25   officer or hospital security officer) is an offense under this
26   title, and the penalties set forth in 18 Pa.C.S. §§ 2702 and
27   2702.1 shall apply.
28      Section 4.     Sections 9714(g) and 9719.1 heading and (a) of
29   Title 42 are amended to read:
30   § 9714.    Sentences for second and subsequent offenses.

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 1      * * *
 2      (g)   Definition.--As used in this section, the term "crime of
 3   violence" means murder of the third degree, voluntary
 4   manslaughter, manslaughter of a law enforcement officer as
 5   defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
 6   homicide of law enforcement officer), murder of the third degree
 7   involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
 8   (relating to murder of unborn child), aggravated assault of an
 9   unborn child as defined in 18 Pa.C.S. § 2606 (relating to
10   aggravated assault of unborn child), aggravated assault as
11   defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
12   aggravated assault), assault of law enforcement officer as
13   defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law
14   enforcement officer or hospital security officer), use of
15   weapons of mass destruction as defined in 18 Pa.C.S. § 2716(b)
16   (relating to weapons of mass destruction), terrorism as defined
17   in 18 Pa.C.S. § 2717(b)(2) (relating to terrorism),
18   strangulation when the offense is graded as a felony as defined
19   in 18 Pa.C.S. § 2718 (relating to strangulation), trafficking of
20   persons when the offense is graded as a felony of the first
21   degree as provided in 18 Pa.C.S. § 3011 (relating to trafficking
22   in individuals), rape, involuntary deviate sexual intercourse,
23   aggravated indecent assault, incest, sexual assault, arson
24   endangering persons or aggravated arson as defined in 18 Pa.C.S.
25   § 3301(a) or (a.1) (relating to arson and related offenses),
26   ecoterrorism as classified in 18 Pa.C.S. § 3311(b)(3) (relating
27   to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S.
28   § 3502(a)(1) (relating to burglary), robbery as defined in 18
29   Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
30   robbery of a motor vehicle, drug delivery resulting in death as

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 1   defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
 2   resulting in death), or criminal attempt, criminal conspiracy or
 3   criminal solicitation to commit murder or any of the offenses
 4   listed above, or an equivalent crime under the laws of this
 5   Commonwealth in effect at the time of the commission of that
 6   offense or an equivalent crime in another jurisdiction.
 7   § 9719.1.   Sentences for offenses committed against law
 8                 enforcement officer or hospital security officer.
 9      (a)   Mandatory sentence.--A person convicted of the following
10   offense shall be sentenced to a mandatory term of imprisonment
11   as follows:
12            18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law
13      enforcement officer or hospital security officer) - not less
14      than 20 years.
15      * * *
16      Section 5.    This act shall take effect in 60 days.




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